NCJ Number
46284
Date Published
1977
Length
466 pages
Annotation
THIS REPORT OUTLINES THE SCOPE OF EXISTING STANDARDS REGARDING THE ACQUISITION, USE, DISPOSITION, AND DISSEMINATION OF ARMY CRIME RECORDS.
Abstract
UNDERTAKEN IN THE COURSE OF A REVIEW AND ASSESSMENT OF THE ARMY'S CRIMINAL JUSTICE SYSTEM, THIS REPORT INCLUDES AN EXAMINATION OF THE STATUTORY AUTHORITY AND RECENT TRENDS PERTAINING TO CRIMINAL JUSTICE RECORDS MANAGEMENT AND INCORPORATES AN EARLIER ANALYSIS BY A PRIVATE INTEREST GROUP. THE PRIMARY ISSUE UNDER CONSIDERATION IS HIGHLIGHTED -- THE ADMINISTRATIVE USE OF CRIME RECORDS WITHOUT VIOLATION OF INDIVIDUAL RIGHTS OF DUE PROCESS OF LAW. THE STUDY GROUP CONCLUDED THAT APPLICABLE STATUTES PROVIDE THE SECRETARY OF THE ARMY BOARD AUTHORITY TO MAINTAIN CRIME RECORDS IN VARIOUS STAGES OF COMPLETENESS WHILE SATISFYING THE NEED FOR ADMINISTRATIVE AND LAW ENFORCEMENT USES AND INSURING THE NECESSARY RESTRICTIONS ON ADMINISTRATIVE MISUSE WITHIN THE ORGANIZATIONAL STRUCTURE. BACKGROUND INFORMATION IS PROVIDED REGARDING THE HISTORY OF CENTRALIZED CRIME RECORDKEEPING BY THE ARMY AND THE EVENTS THAT LEAD TO THE INITIATION OF THIS STUDY. ANOTHER CHAPTER UNDERTAKES A MORE DETAILED EXAMINATION OF THE PRIMARY ISSUE AND REVIEWS APPLICABLE STATUTES AND REGULATORY GUIDELINES RELATED TO THE ARMY'S AUTHORITY TO MAINTAIN AND USE CRIME RECORDS FOR ADMINISTRATIVE AND LAW ENFORCEMENT PURPOSES. RECENT TRENDS AND DEVELOPMENTS IN THE NATION'S CRIMINAL JUSTICE SYSTEMS ARE REVIEWED, RECENT COURT DECISIONS ADDRESSED, LEGISLATION OUTLINED, AND THE VIEWS OF THE EXECUTIVE BRANCH AND PRIVATE INTEREST GROUPS INTRODUCED. A SECTION OUTLINES THE ARMY'S USE OF CRIME RECORDS AND UNDERTAKES A DISCUSSION OF DATA OBTAINED THROUGH A SURVEY OF 37 INSTALLATIONS AND 10 FIELD OFFICES, A CONFERENCE WITH REPRESENTATIVES OF 3 MAJOR COMMANDS (U.S. ARMY FORCES COMMAND, U.S. ARMY TRAINING AND DOCTRINE COMMAND, AND U.S. ARMY EUROPE), AND A REVIEW OF REGULATORY POLICIES. A REVIEW IS PROVIDED OF CRIME OR INTELLIGENCE RECORDKEEPING SYSTEMS OF THE ARMY INTELLIGENCE AGENCY, THE DEPARTMENT OF DEFENSE, THE FEDERAL BUREAU OF INVESTIGATION, AND OTHER LAW ENFORCEMENT ACTIVITIES. ANOTHER CHAPTER OUTLINES THE PERVASIVENESS OF CRIME IN THE CIVILIAN SECTOR AND WITHIN THE ARMY AND UNDERSCORES THE NEED FOR MAINTAINING CRIME RECORDS. THE ARMY'S CRIMINAL JUSTICE SYSTEM IS EVALUATED IN RELATION TO THE ARMY'S NEEDS AND STATUTORY AUTHORITY, AND THE USE OF CRIMINAL JUSTICE INFORMATION IS ASSESSED IN LIGHT OF THE PRIVACY AND FREEDOM OF INFORMATION ACTS. THE FINAL CHAPTER PRESENTS CONCLUSIONS AND RECOMMENDATIONS, INCLUDING CHANGES IMPLEMENTED BY THE ARMY AND AIMED AT CORRECTING POTENTIAL DEFICIENCIES AND INSURING COMPLIANCE WITH STATUTORY AUTHORITY. THESE REVISIONS ADDRESS JUVENILE RECORDS, THE PROMULGATION OF ADDITIONAL REGULATORY POLICY FOR ADMINISTRATIVE USE OF RECORDS, AND IMPROVED DISPOSITION OF OFFENDER INFORMATION AND REPORTING. ANNEXES PROVIDE MEMORANDUMS REGARDING THE ESTABLISHMENT OF THE CRIME RECORDS STUDY GROUP, THE CRIME RECORDS STUDY GROUP'S EVALUATION PLAN, COPIES OF SURVEY QUESTIONNAIRES, SUPPORTING DOCUMENTATION AND TABULAR DATA, AND COPIES OF SPECIFIC POLICY REVISIONS. (KBL)